Privacy Policy

At DynaVox, we are committed to protecting your privacy. DynaVox Systems does not
sell, trade or rent your personal information to other companies.

The information we collect about you is used only for internal purposes. DynaVox
Systems will not collect any personal information about you except when you specifically
and knowingly provide such information.

How is the Information Collected from DynaVox Systems Online Used?

Whenever you request information or ask a question via our website, we require you
to submit your name, mailing address, telephone number and e-mail address. This
provides us with the information we need to send the materials to you or contact
you should we have any questions about your request.

If you ask a technical support question, we also ask you to provide a product serial
number if at all possible. This allows us to log your request in our database file
for that individual DynaVox product. Creating this log allows our technical support
staff to develop a profile specific to your device or software and ultimately serve
you better.

We may also use the information we collect to notify you via e-mail about important
changes at DynaVox Systems or new features of DynaVox Online. If you would prefer
to not to receive this information, please inform our webmaster by sending a message
to no_e-mail@dynavoxtech.com.

Boardmaker Online Community Site Terms and Conditions

Before using the site, please review the terms below. You will need to accept
these terms in order to access the site. We look forward to having you as a member
of the Boardmaker Online Community!

General

Welcome to the Boardmaker Online Community Site ("Site"). The following Site terms
and conditions govern your use of this Site, which is owned by DynaVox Systems,
LLC (referred to herein as "DynaVox"). By accessing, posting, transmitting, and/or
submitting messages and other materials (including, without limitation, files, photos,
digital content, code, data or any other materials or blog posts), or engaging in
any form of communication in connection with this Site (collectively "Content")
to or via web blogs, public or private groups, forums, wikis, bulletin boards, chat
rooms or other public areas within, or in connection with, this Site (collectively
"Forums"), you agree to and are bound by the terms and conditions set forth in this
document and to any changes thereto that DynaVox may publish from time to time (collectively,
the "Terms and Conditions"). If you do not agree to all of the provisions contained
in these Terms and Conditions, do not access or use this Site. Anyone who registers
with the Site shall be defined as a "Member" for the purposes of these Terms and
Conditions.

When registering for an account you agree to provide us with current, complete and
accurate information including but not limited to, your name, e-mail address, username
and password. Any information provided by you or gathered by DynaVox or third parties
during any visit to the Site shall be subject to the terms of the DynaVox Privacy
Policy. DynaVox reserves the right to contact or to have third parties contact those
Members who have not objected to receiving information from DynaVox and/or other
third parties, as the case may be. You are entirely responsible for choosing and
maintaining the confidentiality of your password and account. Furthermore, you are
solely responsible for any and all activities that occur under your account. You
agree to notify DynaVox immediately of any unauthorized use of your account or any
other breach of security. DynaVox will not be liable for any loss that you may incur
as a result of someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred by DynaVox
or another party due to someone else using your account or password. You may not
use anyone else's account at any time, without the permission of the account holder.
DynaVox reserves the right to decline and cancel registration at its sole discretion

YOU CERTIFY THAT YOU ARE NOT A MINOR IN YOUR JURISDICTION AND THAT YOU ACCEPT AND
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HERETO. ACCESSING
OR USING THE SITE CONSTITUTES YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS AND CONDITIONS.
DynaVox

DynaVox may modify these Terms and Conditions from time to time in its sole discretion.
Your continued access or use of the Site, Forums, Content or any materials or services
on the Site, constitutes your acceptance of any changes. Your access and use of
the Site, Forums, Content, materials and services will be subject to the most current
version of the Terms and Conditions, as well as any additional rules and guidelines
posted on the Site at the time of such use. Please regularly check the "Terms and
Conditions" link on the Site to view the most current terms.

Content Posted on the Site

You are welcome to post, transmit or submit Content to Forums in accordance with
these Terms and Conditions. You are solely responsible for such Content. DynaVox
accepts no responsibility whatsoever in connection with or arising from such Content.

DynaVox does not endorse and has no control over the Content submitted by others
to Forums. Content submitted to Forums is not necessarily reviewed by DynaVox prior
to posting and does not necessarily reflect the opinions or policies of DynaVox.
DynaVox makes no warranties, express or implied, as to such Content or its accuracy
and reliability. Nonetheless, DynaVox reserves the right to prevent you from submitting
Content to Forums and to edit, restrict or remove such Content for any reason at
any time. DynaVox may also employ filters to remove objectionable Content.

DynaVox or its designated Members will not necessarily monitor the Forums for inappropriate
Content. If, at any time, in its sole discretion, DynaVox or its designated Members
choose to monitor the Forums, DynaVox assumes no responsibility for the Content,
nor any obligation to modify or remove any inappropriate Content, or responsibility
for the conduct of the user submitting the Content. In submitting Content to Forums,
you agree to strictly limit yourself to constructive discussions about the subject
matter for which the Forums are intended and to refrain from using profanity or
engaging in other offensive conduct. You agree that DynaVox shall not be liable
for any reason whatsoever if DynaVox prevents your Content from being submitted,
or if DynaVox or its designated Members edit, restrict or remove your Content. By
accessing and using the Site, you also agree to permit users of this Site to access,
view, store, and reproduce the Content for their personal, clinical, or instructional
use and not to restrict or inhibit the use of this Site.

You hereby release DynaVox, its parents, subsidiaries and affiliates together with
their respective employees, agents, officers, directors and shareholders, from any
and all liability and obligations whatsoever in connection with or arising from
your use of the Site, Forums and Content. If at any time you are not happy with
the Site or object to any material within the Site, Forums or Content, your sole
remedy is to cease using or accessing the Site, Forums or Content.

Ownership and License of Site Content

DynaVox does not claim ownership of your Content. However, we do need certain rights
from you, with respect to your Content, to operate the Site and to enable you to
do all the things this Site affords you the ability to do. Therefore, with respect
to your Content, you grant DynaVox a worldwide, royalty-free, nonexclusive fully
sublicensable license to use, reproduce and modify your Content solely for the purposes
of operating the Site and enabling your and other Members’ use of the Site. With
respect to your shared Content, you additionally grant DynaVox the rights to distribute,
publicly perform and publicly display your shared Content (in whole or in part)
for the sole purposes of operating the Site and enabling your use of the Site and
to sublicense your shared Content to other users subject to the limitations set
forth herein. These limited licenses do not grant DynaVox the right to sell or otherwise
license your Content or your shared Content on a stand-alone basis. Further, you
may terminate DynaVox's right to distribute, publicly perform and publicly display
your shared Content by making it Private. You may terminate the remainder of DynaVox's
rights by removing your Content from the Site, provided, DynaVox however, that DynaVox
shall have the right, but not the obligation, to keep archived copies of any such
Content.

DynaVox grants you a worldwide, royalty-free, nonexclusive license to view, download,
print, distribute, publicly perform and publicly display Content shared by other
users with you via the Site or that other users make publicly available via the
Site, subject to the following conditions:

You may not sell, rent, lease or license the shared Content to others;

You may not remove any copyright, trademark, watermark, or other proprietary notices
contained in any Content found on the Site.

You hereby grant other users of the Site a worldwide, royalty-free, nonexclusive
license to view, download, print, distribute, publicly perform and publicly display
your shared Content. If you do not wish to grant these rights in your Content then
do not share your Content with other users. While you have the ability to remove
your Content from the Site and/or the public areas within the Site and thus prevent
future licenses from being granted, you acknowledge and agree that once your shared
Content has been shared, DynaVox can neither monitor nor control what other users
do with it.

You represent and warrant that: (i) you own the Content posted by you on the Site
or otherwise have the right to grant the license set forth in this section, (ii)
your Content does not violate the privacy rights, publicity rights, copyright rights,
moral rights, industrial property rights, intellectual property rights, or any other
rights of any person or entity, and (iii) the posting of your Content on the Site
does not result in a breach of any contract between you and a third party. You agree
to pay for all royalties, fees and any other monies owed to any person by reason
of any Content you post to the Site.

Claims of Copyright Infringement. DynaVox will respond to alleged copyright violations
in accordance with the Digital Millennium Copyright Act. Our Privacy Policy does
not protect information that we may provide to third parties at our discretion or
as required by law through copies of notices referenced below. If you believe in
good faith that materials hosted by the Site infringe your copyright, you (or your
agent) may send DynaVox a notice requesting that the material be removed. The notice
must include the following information: (a) a physical or electronic signature of
a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (b) identification of the copyrighted work claimed to have
been infringed (or if multiple copyrighted works located on this Site are covered
by a single notification, a representative list of such works); (c) identification
of the material that is claimed to be infringing or the subject of infringing activity,
and information reasonably sufficient to allow DynaVox to locate the material on
the Site; (d) the name, address, telephone number and email address (if available)
of the complaining party; (e) a statement that the complaining party has a good
faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent or the law; and (f) a statement that the information
in the notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. Notices with respect to this Site should be sent to: DynaVox
Mayer-Johnson Attention: Boardmaker Online Legal Notices, 2100 Wharton Street,
Pittsburgh, PA, 15203, or via email to: legalnotice@dynavoxtech.com.

Prohibited Content and/or Activity

You must use the Site in a manner consistent with any and all applicable laws and
regulations. The following is a partial list of the kind of Content that is illegal
or prohibited on the Site. DynaVox reserves the right, but has no obligation to
you, to investigate and take appropriate legal action in its sole discretion against
anyone who violates this provision, including without limitation, removing the offending
Content from the Site, terminating the membership of such violators and/or reporting
such violators to law enforcement. Prohibited Content includes Content that:

is produced or distributed in violation of any software license agreement, including
the license agreements for products from DynaVox;

is obscene, patently offensive, or promotes racism, bigotry, violence, hatred or
physical harm of any kind against any group or individual;

harasses or advocates harassment of another person;

contains nudity, violence, or offensive subject matter;

involves the transmission of "junk mail" or "chain letters" or unsolicited mass
mailings;

promotes information that is false, misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;

exploits people in a sexual or violent manner;

solicits personal information from anyone who would be considered a minor;

provides any telephone numbers, street addresses, last names, URLs or email addresses,
included in a Member profile without that Member's explicit permission;

violates the copyright, trademark, patent, industrial or other intellectual property
rights of any other person or entity;

furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;

includes confidential information about DynaVox, such as, but not limited to, DynaVox's
released or unreleased products, services, customers, business policies or practices,
developments, inventions, processes, designs, marketing, business plans or finances
that are not otherwise part of the public domain, without the prior written approval
and consent of DynaVox;

solicits passwords or personal information for commercial or unlawful purposes from
users; or

attempting to impersonate another Member or person, whether actual or fictitious,
including impersonating an employee or consultant of DynaVox;

using the account, username, or password of another Member at any time;

using an inappropriate Member name of any kind; or

selling or otherwise transferring your profile.

You agree to indemnify, save, defend, reimburse and hold DynaVox, its officers,
directors, employees, and representatives harmless from and against any and all
claims, demands, actions, costs, liabilities, losses and damages of any kind (including
attorneys’ fees), etc. resulting from: (i) your use of the Site; (ii) your breach
of any provision of these Terms and Conditions; (iii) the illegality, reliability,
appropriateness, originality or copyright of any Content; and/or (iv) your violation
of any rights of another, whether by action or omission.

Availability

DynaVox uses reasonable efforts to make the Site available 24 hours a day, 7 days
a week. However, there will be occasions when the Site will be interrupted for maintenance,
upgrades and repairs, or as a result of failure of telecommunications links and
equipment that are beyond our control. We will take reasonable steps to minimize
such disruption, to the extent it is within our reasonable control.

You should always preserve the original copies of your Content, or make back-up
copies of your Content, on your personal system. Upon the termination of your use
of the Site for any reason, DynaVox will close your account and you will no longer
be able to retrieve your Content. You should not use this Site as the only repository
or other source for your Content.

Linked Sites and Advertising

DynaVox is not responsible for the Content or practices of third party web sites
or companies affiliated with DynaVox that may be linked to the Site and makes no
representation or warranty regarding such web sites or their Content. When visiting
such web sites, however, you should refer to each such web site's individual "terms
of use" for the applicable terms of use and privacy policies of such web sites.
DynaVox disclaims any responsibility for third party advertisements posted on this
Site, and for the goods or services provided by such advertisers.

Disclaimer of Warranties

DYNAVOX PROVIDES THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE
SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE
SPECIFIED IN WRITING. DYNAVOXMAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THIS
SITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE
HEREIN OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED
THROUGH YOUR USE OF THE SITE.

Limitation of Liability

DYNAVOX SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE
SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, MATERIALS
AND PRODUCTS PROVIDED VIA THE SITE. DYNAVOX SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER
DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, PRODUCTS, CONTENT OR SERVICES VIA
THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR
DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER
BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF DYNAVOX HAS BEEN
INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD
HAVE BEEN REASONABLY FORESEEN BY DYNAVOX. REGARDLESS OF WHETHER ANY REMEDY SET FORTH
HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, DYNAVOX’S TOTAL LIABILITY, REGARDLESS
OF THE FORM OF ACTION, SHALL NOT EXCEED THE FEES PAID TO DYNAVOX BY YOU FOR YOUR
USE OF THIS SITE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE SUCH LIABILITY
AROSE.

Governing Law and Jurisdiction

All matters arising out of or relating to these Terms and Conditions shall be governed
by the internal substantive laws of the Commonwealth of Pennsylvania, excluding
its conflicts of law provisions. EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF
REGARDING INTELLECTUAL PROPERTY RIGHTS (WHICH MAY BE BROUGHT IN ANY STATE OR FEDERAL
COURT OF COMPETENT JURISDICTION LOCATED IN ALLEGHENY COUNTY, PENNSYLVANIA), YOU
AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING
THE PRODUCTS, SERVICES, YOUR MEMBERSHIP AND/OR THESE TERMS AND CONDITIONS WILL BE
DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION
ASSOCIATION. You also agree that any claim must be brought by you in your individual
capacity, and not as a plaintiff or class member in any purported class or representative
proceeding, with DynaVox and you each bearing its and your own costs and legal fees
related to the arbitration, provided that if DynaVox prevails, you shall be responsible
for DynaVox's reasonable costs and legal fees in connection with such arbitration.
Regardless of any statute or law to the contrary, any claim or cause of action (whether
arising in contract or tort, law or equity) by you must be filed within one (1)
year after such claim or cause of action arose or be forever barred. Judgment upon
any award of the arbitrators may be entered by any court having competent jurisdiction
located in the Commonwealth of Pennsylvania, Allegheny County, and each of the parties
hereto expressly consents and submits to the exclusive jurisdiction and venue of
such courts for this limited purpose. Some jurisdictions do not allow excluding
or limiting implied warranties or limiting liability for incidental or consequential
damages, and some jurisdictions have special statutory consumer protection provisions
that may supersede the foregoing disclaimers and limitations. As a result, these
disclaimers and/or limitations may not apply to you if prohibited by law. If any
part of these Terms and Conditions as written is held to be invalid or unenforceable,
that part, if possible, is to be construed to the fullest extent that would be deemed
valid or enforceable, and all remaining portions of the Terms of Use shall remain
in full force and effect.

By checking the "I have read and accept the Boardmaker Online Community Terms
and Conditions" box on your registration form, you hereby agree to these Terms and
Conditions.